Commercial Contracts

  • August 14, 2026

    5th Circ. Backs Investment Co.'s Sanction In Highland Ch. 11

    The Fifth Circuit on Friday decided to keep in place an $826,000 sanction against NexPoint Real Estate Partners, finding "clear and convincing evidence" showed it filed and litigated a bad-faith claim in the Chapter 11 case of defunct hedge fund Highland Capital Management LP.

  • August 14, 2026

    NC County Sues Bankrupt Hospital Operator For $10M

    North Carolina's Martin County has sued CHS/Community Health Systems Inc. for $10 million in North Carolina federal court, alleging the company failed to honor its obligations to run Martin General Hospital after its affiliate filed for Chapter 7 in 2023.

  • August 14, 2026

    Ex-Under Armour Ally Wants Pause For Appeal Of Cut Claims

    Textile supplier Multiple Energy Technologies asked a Pennsylvania federal judge to pause the trial on its trimmed-down case against Under Armour, arguing in a brief that the Third Circuit should decide an appeal of the partial dismissal before the district court moves ahead.

  • August 14, 2026

    Fla. Judge Rejects PE Investors' Bid To Block Asset Sale

    A Florida federal judge on Friday rejected a proposed class of private equity investors' emergency request to lift a mandated stay on their $150 million fraud suit and won't hand down a temporary restraining order that would've prevented the sale of infrastructure assets to major homebuilder D.R. Horton.

  • August 14, 2026

    Cumulus Asks 2nd Circ. For Help With Nielsen Data Order

    Cumulus Media sought clarification Thursday from the Second Circuit on the timing of a district court order upheld last month barring Nielsen from conditioning access to national radio ratings data on buying Nielsen's local offerings, arguing that the ratings analytics company can't hold up obeying the injunction just because it's seeking reconsideration.

  • August 14, 2026

    10th Circ. Backs $5M Verdict In Fight Over Toll Lanes Contract

    The Tenth Circuit on Friday unanimously upheld a Denver federal jury's award of $5.25 million to construction design firm Aecom, wholly rejecting a contractor's request for a new trial in a contract dispute over a Colorado toll lanes project.

  • August 14, 2026

    9th Circ. Revives Bid For 15 Alaska Tribal Health Docs

    A Ninth Circuit panel has revived a request for 15 documents related to internal investigations and governance reforms from the Alaska Native Tribal Health Consortium, finding that the district court abused its discretion and the case is not moot because it's uncontested that the information hasn't yet been viewed.

  • August 14, 2026

    Ex-Marathon Worker Says AI Caught Her Bosses' Gender Bias

    A Marathon Engineering environmental scientist has sued her former employer in New Jersey state court, alleging she was fired due to her gender, after an AI assistant that recorded her termination meeting sent her a transcript showing that one of her supervisors said he hoped to replace her with a "relatively strapping young man."

  • August 14, 2026

    Ski Pass Buyers Defend Antitrust Case Against Vail, Alterra

    Skiers accusing Vail Resorts Inc. and Alterra Mountain Co. of inflating prices through their multiresort ski passes are pushing back in Colorado federal court after the resort operators moved to toss the case and strike the class allegations.

  • August 14, 2026

    Gallagher Must Face Suit Over Tech Loan Coverage Losses

    A New York federal judge refused to dismiss an insurer's claims alleging Arthur J. Gallagher & Co. entities gave misleadingly positive information about the finances of tech companies participating in a lending program, finding the insurer showed its financial loss could be connected to Gallagher's alleged failures.

  • August 14, 2026

    Disbarred Fla. Atty Blames Firm For Lost $40M Ch. 11 Claim

    A disbarred attorney has sued his former counsel for alleged malpractice in Florida state court, saying he lost money after his $40 million claim was left unsecured in a federal bankruptcy proceeding for his company.

  • August 14, 2026

    Lowndes Adds BakerHostetler Commercial Real Estate Pro

    Florida-based law firm Lowndes has welcomed an experienced commercial real estate attorney from BakerHostetler to its office in Orlando.

  • August 14, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen newly signed Real Madrid footballer Yan Diomandé sued over access to his image rights, Nigel Farage and Reform UK deputy leader Richard Tice accuse the NCA of leaking confidential financial information, and a right-wing American journalist hit The Guardian with a libel claim. 

  • August 14, 2026

    Del. Chancery Refuses To Send $3M Hotel Fight To Fla.

    The Delaware Chancery Court has refused to send a dispute over more than $3 million in hotel investment distributions to Florida, ruling that a nonmanaging investor in a Delaware LLC could not be forced to give up its right to bring this type of dispute in Delaware.

  • August 14, 2026

    FBT Gibbons Adds Wells Fargo Senior Litigator In Calif.

    FBT Gibbons LLP has grown its financial services and litigation capabilities in California with the addition of a litigator who previously worked in-house at Wells Fargo and Charles Schwab.

  • August 13, 2026

    'Jump Must Litigate': 7th Circ. Clarifies Arb. Enforcement Rule

    The Seventh Circuit rejected trading firm Jump Trading LLC's bid to arbitrate a putative securities class action Thursday, finding that courts, not arbitrators, must decide whether disputes belong in arbitration when the parties haven't signed an arbitration agreement, furthering a circuit split and holding that "Jump must litigate."

  • August 13, 2026

    'Anticompetitive Friction': Google Must Fix App Store Search

    A California federal judge Thursday ordered Google LLC to streamline the steps for Android users to find rival app stores as part of his court-ordered remedies in antitrust litigation won by Epic Games Inc. against Google, saying the current user process includes "anti-competitive friction" to discourage competition.

  • August 13, 2026

    BNY Should Face Stanford Ponzi Suit In NJ, Judge Says

    A Texas federal judge recommended that a class action alleging the Bank of New York Mellon's involvement in R. Allen Stanford's Ponzi scheme be removed to New Jersey, saying the claims do not belong within the wider multidistrict litigation.

  • August 13, 2026

    Webuild Pushes For Pause In Suit Seeking $140M Arbitral Award

    Italian construction giant Webuild on Wednesday urged a Delaware federal court to pause a Chilean construction company's lawsuit aimed at enforcing a $140 million arbitral award as Webuild looks to challenge an "unprecedented" Third Circuit decision reviving the litigation.

  • August 13, 2026

    Bristol-Myers Can't Duck UMB Suit Targeting Drug Approvals

    The Second Circuit on Thursday revived UMB Bank's suit alleging Bristol-Myers Squibb's slow-walking of the drug approval process caused investors to miss out on billions of dollars, rejecting the pharmaceutical giant's contention that the bank lacked standing to sue.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    Texas Appeals Court Flips $34M Verdict In Hospital Suit

    A Texas appeals court wiped out a $34 million verdict against a healthcare company Thursday, saying the trial court interpreted the parties' contract incorrectly and the company did not breach its agreement with a private orthopedic practice group.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    Festival Director Must Face Suit Over Drakeo's Killing

    The festival director of a concert where rapper Drakeo the Ruler was killed backstage cannot escape a consolidated wrongful death suit brought by the artist's family and associates, with a Los Angeles judge ruling Thursday that a triable issue of material fact remains regarding the entity's role at the event.

  • August 13, 2026

    3rd Circ. Upholds Dismissal Of Lipitor Pay-To-Delay Case

    The Third Circuit on Thursday backed the dismissal of an antitrust suit alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay the market entry of a generic version of the cholesterol drug Lipitor, ruling that the plaintiffs lacked standing.

Expert Analysis

  • $400M Serta Ruling Offers Warning On Uptier Deal Risks

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    A Texas bankruptcy court's recent remand ruling, which disallowed Serta Simmons Bedding’s uptier debt exchange and awarded $400 million to the minority lenders, demonstrates why deal counsel negotiating similar agreements should clearly define exceptions and lien subordination, while litigators should lean on express terms, says Jamie Aycock at Yetter Coleman.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

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    The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

  • Decoding Arbitral Disputes: Post-Award Noncompliance

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    Grainful Holdings v. Mineev, a recent Commercial Court decision that resulted in a sentence for contempt following post-award enforcement proceedings, illustrates the point at which proceedings, having moved beyond recognition of an arbitral obligation, engage the court's own coercive jurisdiction, says Josep Galvez at 4-5 Gray's Inn.

  • Tips For Investors, Creditors Before Venezuela Restructuring

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    As Venezuela enters the first genuinely actionable phase of what may become one of the largest sovereign debt restructurings in modern financial history, creditors should strategically evaluate their claim types and investors should consider engaging before formal negotiations commence, says Rodrigo Carvalho at Winston Taylor.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

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    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Lessons On Contingency Planning From OFAC's Iran Reversal

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    The Office of Foreign Assets Control‘s abrupt revocation of a recent license easing sanctions on Iranian oil products shows commercial dealings relying on OFAC licenses or with higher sanctions risks should expressly address what happens if a policy change makes performance prohibited, says Michelle Roberts at Berliner Corcoran.

  • What Actually Matters To GCs During Cross-Border Disputes

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    A recent international arbitration forum featured an in-house perspective on dispute resolution, highlighting that relationship preservation and other factors may matter more to businesses than success on legal merits, say Michael Mutek at Womble Bond and Mark Stadnyk at Thyssenkrupp Nucera.

  • Reviving Prize Law Would Reshape Maritime Seizure Risks

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    Recent U.S. maritime interdictions of sanctioned tankers and shadow fleet vessels raise urgent questions about whether civil forfeiture or prize law — a framework that has not been meaningfully tested since the Spanish-American War — governs and the potential impacts on vessel owners, charterers and insurers, say attorneys at Holland & Knight.

  • Fiduciary Duty Risks In Continuation Vehicle Transactions

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    Continuation vehicle transactions have become prominent in private equity, but conflicts may arise due to transaction structures and implicate fiduciary duties, with a recent Delaware case highlighting several procedural considerations for sponsors, say attorneys at Debevoise.

  • $100M Clean Air Act Ruling Transforms Parent Co. Liability

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    A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

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    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

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